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PATTON v. ROSS

Civ. No. 1838.

267 F.Supp. 387 (1967)

Jesse Garfield PATTON, Petitioner, v. Major Fred ROSS, Odom #500, Respondent.

United States District Court E. D. North Carolina, Raleigh Division.

May 3, 1967.

Attorney(s) appearing for the Case

Douglas F. DeBank, Raleigh, N. C., for petitioner.

T. Wade Bruton, Atty. Gen. of North Carolina, by Theodore C. Brown, Jr., Staff Atty., Raleigh, N. C., for respondent.

BUTLER, Chief Judge.

The application of Jesse Garfield Patton, a state prisoner, for writ of habeas corpus in forma pauperis was denied for failure to exhaust available state remedies, without requiring an answer by respondent and without a plenary hearing. Patton appealed and the Fourth Circuit Court of Appeals by memorandum decision1 held that "[t]hough Patton had an available state remedy...

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